MANGA RAM CHOUDHARY Vs. MANSA RAM

JUDGEMENT

(1.) PETITIONER has invoked the jurisdiction of this Court by filing three petitions titled above under section 561 -A of the Code of Criminal Procedure for quashing the proceedings drawn by learned Judicial Magistrate 1st Class (Sub Judge) Samba. It appears that three complaints came to be filed by respondents against the petitioner -alleged accused for the commission of offences punishable under section 420, 427, 341, 323, 506 and 504 of Ranbir Penal Code on the grounds which can be aptly and precisely enumerated as under: -

(2.) IT is stated in the complaints that Manga Ram -petitioner - alleged accused had to construct double railway track from Devik Bridge to Railway Gate Bara as a contractor. In order to carry out the said work he was in need of earth -clay -soil for filling the track. He approached the complainants -respondents for digging land and for lifting the clay -earth -soil in order to fill up the railway track. It is also alleged that the petitioner -alleged accused made a promise to the complainants -respondents that after digging and lifting the earth -soil -clay he will make the leveling of the land of the respondents -complainants and construct a pacca road from link road Bara to village Chak Medu Basotra. Accordingly, the petitioner -alleged accused removed -extracted soil -clay -earth from the land of the respondents -complainants but failed to fulfill the promise.

(3.) IT is also alleged that complainants -respondents along with some other inhabitants of the village approached the petitioner -alleged accused and requested him to fulfill the promise by leveling the land of the complainants -respondents and to construct a pacca road. But he avoided and did not fulfill the promise. Instead of fulfilling the promise, he abused the complainants -respondents. In support of the complaints, preliminary statements of complainants -respondents and of one witness in each complaint came to be recorded. One of the complainant -respondent namely Mansa Ram has stated that they had approached the concerned police for registering the case but they refused to do so and asked them to file appropriate case.